Text Public Records - Immediate Diclosure Request

To Trustees Breed, Horn, Schultz, Bechtle, Gatti, Levin, Lui, Moscone, Myatt, Pelosi, Wilsey, Wright, and Director Caldon, and the SF War Memorial Board:

This is an immediate disclosure request for any texts or chat messages (in any form, or any app, SMS, MMS, text, chat, Signal, Facebook, Twitter, Instagram, Telegram, Messenger, Hangouts, Meet, Teams, WhatsApp, WeChat, or any other messaging system, whether encrypted or not) between you and either Director Caldon or any other Trustee from Nov 1 2019 to present. Pursuant to City of San Jose v Superior Court, you must provide all messages on personal property about the conduct of public business (note, not just City business, but public business, so federal business would count too).

I will later on request the records of you requesting the above records from each trustee, and their responses, to ensure all have complied with the law.

Thank you in advance for your anticipated cooperation in this matter.

I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

An Anonymous Independent Journalist

To Trustees Breed, Horn, Schultz, Bechtle, Gatti, Levin, Lui, Moscone, Myatt, Pelosi, Wilsey, Wright, and Director Caldon, and the SF War Memorial Board:

This is an immediate disclosure request for any texts or chat or instant messages (in any form, or any app, SMS, MMS, text, chat, Signal, Facebook, Twitter, Instagram, Telegram, Messenger, Hangouts, Meet, Teams, WhatsApp, WeChat, or any other messaging system, whether encrypted or not) between you and either Director Caldon or any other Trustee from Nov 1 2019 to present. Pursuant to City of San Jose v Superior Court, you must provide all messages on personal property about the conduct of public business (note, not just City business, but public business, so federal business would count too).

I will later on request the records of you requesting the above records from each trustee, and their responses, to ensure all have complied with the law.

Provide rolling responses. Provide exact copies of all messages. Do not print and scan. Provide all attachments, images, audio, video, conversation participant names, and date/time stamps. Follow all Sunshine Ordinance requirements.

Do not destroy any responsive records that exist as of this request.

Remember that if you claim that you don't have records or that the records are not related to public business, you may be later required by a court to declare as such, under penalty of perjury.

Thank you in advance for your anticipated cooperation in this matter.

I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

An Anonymous Independent Journalist

Regarding "3. The Sunshine Ordinance does not require rolling responses nor does it provide for requestors to define the precise nature of how the request is fulfilled. The War Memorial will not be able to provide rolling responses but will furnish a thorough set of records consistent with all provisions of the Sunshine Ordinance."

You are wrong. Admin Code 67.25(d):
"(d) Notwithstanding any provisions of California Law or this ordinance, in response to a request for information describing any category of non-exempt public information, when so requested, the City and County shall produce any and all responsive public records as soon as reasonably possible on an incremental or "rolling" basis such that responsive records are produced as soon as possible by the end of the same business day that they are reviewed and collected. This section is intended to prohibit the withholding of public records that are responsive to a records request until all potentially responsive documents have been reviewed and collected. Failure to comply with this provision is a violation of this Article."

Please confirm in writing immediately that you will comply and provide records on a rolling basis and by the end of the same business day that they each is reviewed and collected.

I look forward to your confirmation by 5pm today. If you refuse to do so, complaints alleging your violation of Admin Code 67.25(d) will be filed with the SOTF. Have a good day.

Sincerely,
Anonymous

Great I'll expect the records as each is reviewed. Thank you.

Excellent, and thank you for your timely and compliant response!

--Anonymous